Disposed

Mr. Subhash Pandurang Gawand and Ors. v. M/S. Meher Enterprises and Ors.

Bombay HC16 Sept 2015CAF/2439/2015

Case brief

AI extract

What is this about?

This court disposed of a civil application by restraining respondents from creating third party interests in suit property without court leave, pending the First Appeal's outcome, admitting the substantive appeal.

What did the court decide?

Respondents restrained from creating third party interests in suit property without leave of Court pending First Appeal disposal.

Mr. Subhash Pandurang Gawand and Ors. Vs M/S. Meher… — Property and Title | Bombay HC (2015)

caf2439

ssp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELATE JURISDICTION
CIVIL APPLICATION NO.2439 OF 2015 IN
FIRST APPEAL NO.883 OF 2015

¶5

Subhash Pandurang Gawand & Ors. ...Applicants
vs.
M/s.Meher Enterprises & Ors....Respondents

¶6

Mr.A.J.Almeida for the applicants

¶7

Mr.Rajiv Narula i/b Jhangiani Narula & Associates
for the respondent Nos.1 and 2.
Mr.Nitin Thakkar i/b M.S.D'Mello for respondent
Nos.4 to 17.

¶8

CORAM : A.S.OKA, &
 V.L.ACHLIYA, JJ.
 DATE : SEPTEMBER 16, 2015

¶9

P.C.:

¶10

1The learned counsel appearing for the applicant
on instructions states that though the respondents
are in possession of the suit property, their
possession is completely illegal.

¶11

2The substantive First Appeal is admitted by
which the suit filed by the applicants has been
dismissed. During the pendency of the suit, an
order of status quo granted by this Court in the
Appeal No.1015 of 2001 was in operation.

¶12

3Now, it is an admitted position that the
respondents are in possession. As the substantive
Appeal is admitted, the respondents will have to be
restrained from creating any third party interests

¶13

2 caf2439

¶14

in respect of the suit property in any manner
without leave of the Court.

¶15

4Accordingly, we dispose of the Civil
application by passing the following order:

¶16

(I) Till the disposal of the First Appeal,
the respondents are hereby restrained from
creating any third party interests in
respect of the suit property in any manner
without seeking prior leave of this Court.

¶17

(V.L.ACHLIYA,J.)(A.S.OKA,J.)

¶18

caf2439

¶19

¶20

CERTIFICATE

¶21

Certified to be true and correct copy of original
signed Judgment/Order.

Mr. Subhash Pandurang Gawand and Ors. v. M/S. Meher Enterprises and Ors.

Case brief

What is this about?

What did the court decide?

Mr. Subhash Pandurang Gawand and Ors. v. M/S. Meher Enterprises and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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